Ethics, The Solicitors Regulation Authority

Ethics, The Solicitors Regulation Authority
Throughout the world ethical belief systems have been created amongst societies, organisations and various professions. The largest built ethical
systems exist amongst societies. To create and be a part of civilised society individuals must choose to act in ways that further the common good of
one another. Aristotelian ethical philosophies state "law is crucial in making citizens virtuous". Laws of conduct used to govern society are formed
by what is perceived as virtuous and just. Legal professionals are not only governed by laws of the land but are morally and legally constrained by a
stringent code of ethics, known as the Solicitors Regulation Authority. There are ten principles that focus on 5 main core responsibilities a solicitor
has with their client, business, regulator, others, application, waivers and interpretations. A legal professional must have "self regulation" and "high
ethical standards "amongst its defining characterises. A breach of ethical conduct is when "an act of professional misconduct is committed by a
lawyer who does something dishonourable to him as a man and dishonourable in his professional" RE G MAYOR COOKE (1889). To behave with
"Integrity" is the most sacred principle to emerge from the legal profession. Aristotle's book of Nonomanchien Ethics suggests "ethical virtue is
concerned with feelings and actions it is necessary to have the right feelings at the right time and for the right purpose". The simplicity of this
philosophy cannot be
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Essay on The Legal Profession: One Career, Many Avenues
The Legal Profession: One Career, Many Avenues
Whether we are reading about the heroic small–town attorney Atticus Finch in To Kill a Mocking Bird, or watching in awe as Richard Gere portrays a
smooth attorney in Primal Fear, it is apparent through culture and media that there is a power and prestige associated with the law in American society.
This paper compares the training and education of such American lawyers with their English counterparts, concluding as to why it may behoove us in
the US to adopt the apprenticeship requirements of England.
To begin, it is important to note that n the English system, the legal profession is distinctly divided; lawyers are either Barristers or Solicitors. While
the Barristers are governed by the ... Show more content on Helpwriting.net ...
Much like how the US has three branches of the government in an effort at a system of checks and balances, a Barrister acts as a check on the Solicitor
conducting the trial. According to some critics, a distinct disadvantage of the split profession is that a multiplicity of legal advisers can lead to an
inefficient process and higher costs (Law Observer).
Given our understanding of the two divisions, we are in a better position to appreciate the variations among education and training. A prospective
Barrister must first complete the academic stage of their legal education by obtaining a qualifying law degree (The Law Society of England and
Wales). However, instead of obtaining a formal law degree, the student may undertake a one–year law conversion course, now known as a Graduate
Diploma in Law (GDL), so long as he has initially graduated in a subject other than law. From this juncture the student joins one of the Inns of Court
and takes the Bar Professional Training Course (BPTC) at one of the accredited providers (The Law Society of England and Wales).
Additionally, there is the tradition of "keeping terms" before the prospective may be called to the bar. By participating in 12 qualifying sessions, some
of which require dining with practitioners for full evenings while others involve attending specified training events, the student may then be called to
the bar (Blackstone & Sharswood). Once

The Regulation Of Provided Legal Services
Introduction
The regulation of provided legal services is imperative towards the functionality of the justice system. As indicated by Sir David Clementi regulation
fulfills six distinctive purposes of which incorporates access to justice, protection and advancement of consumer interest, promotion of competition,
public understanding of a native 's legitimate rights and the maintenance of the rule of law.
The SRA Code of Conduct represents an ambitious attempt to merge consumer protection and professionalism. As it stands, the regulatory framework
of the legal profession was established by the Legal Services Act, 2007 . Further to this, section 12 of the legislation outlines six legal activities that
may only be executed by authorized ... Show more content on Helpwriting.net ...
Secondly, the SRA protects consumer interest and offers consultation with the public and professionals to ensure that standards are met. The SRA Code
of Conduct 2011 is a subordinate enactment in that its formulation requires Parliament's approval.
It would appear that the SRA Codes are based on the approach of risk–based regulation. It is critical therefore to comprehend what risk implies in this
specific circumstance. Despite its common usage, risk–based regulation is utilized in numerous disciplines for a variation of meanings. In this context,
risk – based regulation is figuring out if a certain action should be controlled or to what degree safeguard measures firms should adhere to.
Furthermore, the risk based approach taken by the SRA has two steps which are impact and probability of the risk.
Perhaps a serious shortcoming with this approach is the inability to evaluate both steps lacking sufficient data. For instance, the SRA might notice a
new kind of fraud emerging but the organization's knowledge of such impact is limited. If a risk is hard to measure, it is frequently said to be
'instability' instead of 'risk '. Therefore, the SRA manages risk that is mostly "instabilities" in a technical sense.
It is reasonable to question to what extent does the SRA Codes deal with risk and the association between risk and ethics in relation to those codes.
One aspect of a risk based approach is exemplified by way of the implementation of the Solicitors' Code

The Case Of Bolton V Law
The current popular culture that exists along with increasingly hyperbolical legal dramas that is discoverable on a television drama channel may
fool many into the idea that professional conduct and legal ethics isn't even given a second of thought and is all but lost in the legal sector,
though, in reality, solicitors, as well as other members of the legal profession, are required to commit to high ethical standards with claims of it
being crucial to the survival of the profession. This duty is acknowledged through the leading case of Bolton v Law Society where Lord Bingham
states that lawyers should discharge their professional duties with 'integrity, probity and complete trustworthiness'. Integrity is valued very highly in
the field of law and it is also agreed that it is not an absurd or an improbable expectation from the public that all solicitors should be acting with the
'utmost integrity at all times'. This, along with many other fundamental concepts that are also entrenched fully within the Solicitor Regulation
Authority Principles and Codes of Conduct, is under question in regards to Rafa's conduct towards Sara as well as her employer, Holywell
Solicitors. Firstly, Regardless of whether you have 6 months experience or 6 years it is a fundamental requirement that solicitors, as well as
barristers, hold a valid practicing certificate. In order to qualify to act as a solicitor, they should first be admitted as a solicitor, have their name on the
roll and a

Who is Responsible to Solve Global Poverty and Hunger?
Essay Question: Set out and carefully explain what you take to be the most powerful argument for an obligation to assist those in absolute poverty and
/or hunger. Is the argument successful? Why or why not?
There is a multi–pronged debate as to the resolution of the problem of global poverty and hunger–who should be responsible, if the solution should be
relief or developmentally focused, etc. Yet on a moral level, before one can ask how the problem is best solved one must ask why the problem
should be solved. James Sterba noted in his work that justice is giving people what they deserve (134). The question then is, what do people deserve
and who is responsible for ensuring that they get what they deserve? Specifically in the case of hunger and poverty, should we, collectively and
individually, be obligated to assist those suffering from absolute poverty or hunger and why? Deontological and utilitarian ethicists have provided
multiple answers for and against the obligation to assist. I argue that Onora O'Neill's Kantian approach best addresses the roots of our obligation,
provides the best framework for practical action, and overcomes the majority of the main challenges facing modern economic justice theories.
O'Neill's argument is Kantian and specifically focused on the idea of human autonomy and its two corresponding duties. The first is the Formula of the
End in Itself, or the duty to not to treat others as mere means. The second is the duty to treat people as ends

Milton Friedman 's Philosophy, Consumption Analysis, And...
Milton Friedman was a respected economist that posited numerous new ideologies within the economic realm during the 20th century. In 1976,
Friedman was awarded the Nobel Memorial Prize in Economic Sciences for his examination of monetary history and philosophy, consumption
analysis, and the theory of stabilization policy. Another theme Friedman is generally known for is his position with respect to the responsibilities of
corporations. He had expressed that "few trends could so thoroughly undermine the very foundations of our free society as the acceptance by
corporate officials of a social responsibility other than to make as much money for their stockholders as possible" (Chandler and Werther Jr., 2014, p.
xxxii). By this, Friedman is saying that maximization of property for the sake of shareholder return jeopardizes and subverts the possibility of
corporations acting ethically and socially responsibly. He does not trust that their fundamental center inside their operations ought to be focused on the
part of corporate social obligation. Not at all like individuals, Friedman trusts that an organization cannot have an obligation. They have one obligation
and that is to make a profit (Friedman, 2013). No we will look at the different balances, counterbalances, and threats to social corporate responsibility.
These elements, based off their motivation, can be ordered into two or three distinct gatherings, which are revenue driven associations, not–for–profits,
and governments.

Whale Rider Analysis
Whale Rider Essay
'Whale Rider' directed by Nicki Caro has won many awards such as Critic's Choice Movie Award for Best Young Performer and Independent Spirit
Award for Best International Film. The award–winning film explores the many privileges, obligations and duties of the leaders and potential leaders in
protagonist Pai's Maori community. Caro does this through characterisations of Pai, and her supporting characters, such as Koro, her grandfather. He
believes that his duty was to establish a new chief with no modern compromise. Pai, on the other hand, she has to prove to Koro that the traditional
ways need to adapt like the world around them. So, minor characters also had roles, duties and expectations throughout the film that they had issues
fulfilling.
The film displayed the theme of duty specifically through Koro. Koro had to obey ancient traditions but he also had the sacred role to establish a
new male chief. Koro's dedication to the traditional ways allowed no compromise, even if it was defeating. At the beginning of the film, Koro tells
Nanny Flowers that Pourangi would have another child 'He'll have another child' even though his wife and one of the twins had just died. He never
acknowledges Pai and focuses on himself and his job to find the male chief. He even tries to set Pai's father Pourangi up with Pai's school teacher.
Pourangi showcases his artwork to his family but a picture of his partner showed up. Pourangi explained that it was his pregnant

Conveyancing Fees For Research Paper
Keyword: Conveyancing fees for buying a house
Summary: Knowing the actual costs and the things that affect conveyancing fees for buying a house can help you in picking the right solicitor. So,
how much are Conveyancing Fees for Buying a House, or what exactly do conveyancing fees mean?
How much are Conveyancing Fees for Buying a House?
It is safer to hire a conveyancer when you want to buy a home. This person will handle all the legal processes and transactions for you. Buying or
selling a home is a major undertaking in today's life that is why your conveyancing solicitor or conveyancer ought to be smart and highly experienced.
If your prospective solicitor cannot tell you how much are conveyancing fees for buying a house drop him or her like ... Show more content on
Helpwriting.net ...
However, they could also be subject to the solicitor you hire. Read on to know how and why conveyancing solicitor fees vary.
How much are Solicitors Fees for Selling a House?
If you are selling your house, ask your conveyancing solicitor to provide you with a full and accurate figure on how you wish the exercise to go.
How much are solicitors fees for selling a house is not a yes and no question. It will depend on how you explain to your lawyer. Careful thoughts
professionalism and experience must also be incorporate in order to tackle it. So why is it important to know about the fees? The info will help you
when comparing quotes from different solicitors. So, what affects these fees? Check below:
Title Deeds
You want to sell your home and title deeds are the most trusted documents to validate your ownership. Besides that, other documents like the plan and
so forth are very essential to have a copy. All these are most likely at the Land Registry. Therefore, either you or your conveyancing solicitor can get
them from there at a fee. A set of the relevant documents will cost around ВЈ6 but an additional ВЈ3 is charged for each document not included in the
basics set. However, expect to pay ВЈ25 when you want to obtain a copy of title deed for leasehold

How To Start A Barister In Australia Essay
Most people have some knowledge about the law. However, it's mostly based on situations that we've had in the past, such as issues regarding traffic
tickets, mortgages, etc. In addition, even in those situations you probably don't have comprehensive knowledge about such issues. It can seem
stressful at first, as you might not know about the particular Australian laws in certain situations. However, a solicitor can certainly help you in such
situations, by helping in a wide range of matters. This can help to deal with issues ranging from small ones to major ones that can involve large sums
of money. (101). A solicitor can provide a wide range of services. For instance, they can provide documents for their clients, give legal advice, and even
... Show more content on Helpwriting.net ...
For example, they can help to prepare legal documentation. The help of a solicitor can help to guarantee that for format, wording, etc. is correct,
which will help to avoid possible issues. A solicitor can also help to provide legal advice in various types of matters. They can also represent you
in a court of law. There are various benefits of hiring a solicitor. In particular, For example, it can help to avoid taking legal action when it's
unnecessary. After consulting the counsel of a solicitor, you might discover that you can avoid taking legal action in a certain situation, and instead
try to take other actions that don't involve filing a case that's handled in an Australian court of law. That can help to save a lot of money, as well as
stress and other issues. Another benefit of hiring a solicitor is that it can avoid making a bad situation worse. By filing documents with the wrong
phrasing, or taking certain actions that aren't legal, you could actually make a matter worse than it originally was. On the other hand, a solicitor can
help to avoid such situations, and provide you with the best advice possible. That's especially true when they represent you in a court of

Business Ethics-Changing Jobs and Changing Loyalties
1)What should Cynthia do? What ideals, obligations, and effects should she take into account when asking her decision? Cynthia should re–consider
her decision to shift to Crytex Systems. Moral obligations and interpersonal responsibilities have been increasingly differentiated both in the
philosophical and in the psychological literature. Moral obligations in the Kantian tradition define duties or obligatory actions that we owe to
everybody under all circumstances. They include, for example, the obligation to keep a promise or to be veridical. These obligations have been
subsumed under the principle of justice and fairness. On the other hand, expectations and responsibilities in office relationships that Cynthia refers to
concerns... Show more content on Helpwriting.net ...
When interpreting the meaning of a situation they may not spontaneously take into account the moral aspects of a situation, but may be concerned with
other; selfish or pragmatic aspects. They may be sensitive to different types of obligations and responsibilities and pragmatic–egoistic concerns of the
self may achieve priority over obligations and responsibilities in situations in which moral and selfish concerns are in conflict. Hence, Cynthia has
to consider her obligations with Altrue as the company has been treating her fairly and if she bolts the huge project might be jammed up as she's
the driving force of the project before she can even consider her opportunities in Crytex. 2)Would it be unprofessional of Cynthia to drop everything
and move to Crytex? Would it show a lack of integrity? Could moving abruptly to Crytex have negative career consequences for her? Before we
look at would it be unprofessional of Cynthia to drop everything and move to Crytex, let's look at what constitutes unprofessional conduct.
Unprofessional conduct is defined in the Health Professions Act (HPA) as meaning any or all of the following: 1)Displaying a lack of knowledge or a
lack of skill or judgment in the provision of professional services 2)Contravention of the HPA, the Code of Ethics, or Standards of Practice
3)Contravention of another enactment that

Analysis Of Peter Singer 's Argument On Famine, Affluence,...
I'm a strong believer in that anyone can make their own choices in life. There is no such thing as "moral obligation" in my books, however there does
exist "courtesy" or "kind–heartedness." Peter Singer's argument regarding famine, affluence, and morality is, in my opinion, strongly influenced by
sympathetic and empathetic feelings based on observations in a still developing country. In a sense, his reasoning is subjective and biased because he
seems to focus only on the problem, and not the circumstances that could have prevented such problems from the beginning. I will elaborate on some
of the loopholes in his arguments, and further clarify why the more fortunate people (in terms of wealth) should NOT be morally obligated to help the
poor, rather they should have the choice of being courteous or kind, and they should have the freedom to spend the money they worked so hard for
according to their own agenda. To start, I would like to establish that suffering and death from lack of food and other necessities is indeed a bad thing.
There is no counter–argument to that statement. However, the problem lies in the second and third premises, which states that "(2) if it is in our power
to prevent something bad from happening, then we have a moral duty to do it; (3) therefore, we have a moral duty to help the poor." According to
Singer, the second premise is comprised of a strong and weak argument. The strong argument states that the wealthy people should help the poor people
at a

Vigilance Essay
Spc Drummond, Casey
Vigilance Essay Feb 2015
1028 words
The price of freedom is eternal vigilance. (Quote– Desmond Tutu)
Vigilance is defined as the action or state of being alert and watchful. It is concerned both with what is and what will be. Thus it is important to be
Vigilant in the army for many reasons. Not the least of which being it could keep you and your buddies alive despite the world's best attempts to make
you otherwise. But it means more than just staying awake and alert at guard duty. It means both being mentally and physically prepared to react to
changing conditions and to being aware and cognizant of the current conditions. There are three important categories to discuss here and expound
upon. The First is Vigilance ... Show more content on Helpwriting.net ...
Nursing demands vigilance about people. The sights and smells that a patient offers, their movements and their offhand comments all contribute crucial
information to understanding what they need. Training and experience heighten one's ability to see what needs to be seen. (Quote– Steven Amsterdam)
But vigilance is not just a tangible watchfulness or alertness. It can be intangible as well. Vigilance TO duty means that you are not only vigilant
on duty but about your duties. It means that you maintain a watch on YOURSELF as well as the world and others. That way you do not slip and
begin to neglect your duties. This is just as important as being vigilant on duty. Making sure schedules are made and kept, responsibilities are
divided up properly, records are updated, supplies are ordered and so on ad nauseam are all things you have to maintain vigilance over every day no
matter your duty or post. It is an attention to detail that you resolve to maintain always. It is the sign of a professional and skilled person to be vigilant
to your duties and on duty.
Be vigilant; guard your mind against negative thoughts. (Quote by – Buddha)
Eternal vigilance is the price of eternal development. (Quote by – Gordon B. Hinckley)
It is also a sign of a professional and skilled person to be vigilant in their duties. The same alert watchful attention to detail that makes such a person stay

Classification Of Personalized Injury
The majority of claims, which solicitors cope with on each day to day basis, are sourced from the following areas:
. Work injuries,typically via a lack of health and safety precautions.
. Medical negligence, each guidance and practice.
. Road traffic accidents, to other cars, motorcyclists or pedestrians.
. Slip and fall accidents, by far the most typical claims, on account of trailing wires and wet floors as examples.
If a person suffers an injury, then they are in their complete right to generate a compensation claim against the celebration they deem responsible for
the injury. The guidance would be to do so making use of a specialised solicitor. Fighting a claim on your very own would most likely be a burdensome
process. You will discover... Show more content on Helpwriting.net ...
That is dependent around the individual firm.
Individual injury or PI solicitors help you to file claims and get compensations after you have been injured on account of the negligence of a third party;
they negotiate the insurance claims of one's behalf and advise you on matters connected to making compensation claims.
Who are personal injury solicitors?
PI solicitors specialize in private injury law. They enable their clientele to file for injuries received because of the fault of a third party and acquire
compensation for precisely the same. You'll be able to look for the assist of this variety of lawyer when you happen to be injured therefore of anaccident
or others' negligence. Lately, nearly all of these solicitors operate on a no–win no–fee basis.
When can I seek their enable?
*? Generally, you could possibly want your solicitor to take care of scenarios that involve injuries protracted as part of your work spot. The injuries
may result from a faulty operate surroundings or

Political Socialization Essay
Political Socialization is a process by which people generate political opinions and ideas, this will be a never–ending process as people and politics
change. Everyone may have different or similar views than each other and the views could all be influenced by: family, television, social media,
and the internet. I have conducted an analysis based on 14 people, the people were given a survey and were asked political questions as well as their
age and gender. Many of surveys taken showed that most have similar views while the rest are completely different. My personal socialization include
a mix of family, internet, and my own beliefs. Most people get their beliefs from family and it is common because politics is usually discussed more by
family and you tend to agree because you grew up with them and trust your family. My views have greatly changed from the past, the two factors
that have altered my views are the change in politics as well as the change in age as I learn more and mature. I do believe that my views can still
change in the future it can't be predicted but as things in the world your views change as well.
A 32 year old male participant of the survey has a similar political socialization as I, he gets his news from the Internet daily, and his political views
are mainly influenced by how the United States is doing in the moment as well as what is beneficial to the people. The 32 year old male that
participated in the survey fell as a moderate on the political

The Tragedy Of A Disaster
Disaster is seen by most as a circumstance or occasion that outcomes in misfortune and mishap. In cutting edge society, it isn 't uncommon to hear
people name something as inconsequential as breaking their telephone screen a disaster. Be that as it may, disaster is more intricate. Aristotle rethinks
catastrophe through the lense of dramatization as "the impersonation of an activity that is not kidding furthermore, as having greatness, finish in itself;
in fitting and pleasurable language;... in a sensational as opposed to account shape; with occurrences exciting compassion and dread, wherewith to
achieve a purge of these feelings." Through the eyes of Aristotle, a catastrophe incorporates occasions in a play that would bring about pathetic
emotions towards the primary character, or shocking saint, to emerge inside the group of onlookers individuals. Not just ought to the gathering of
people feel a feeling of pity, yet they ought to feel a feeling of dread amid the movement of the play for the deplorable saint since they can suspect the
sad legend 's destruction before the anagnorisis. There is a typical conviction that legends come in capes, can accomplish the unachievable, and are
faultless. Aristotle challenges that conviction with the terrible legend. To him, a lamentable saint is thought to be a person whose difficulty emerges,
"not through bad habit or evil but rather by some mistake of judgment." The heartbreaking legend is portrayed as moral and upright yet not

The Spirit Club Essay
1What's at stake for the key parties, including those that may disagree with you? What is important to them? What does the target value and why?
I see how these events transpire as a character test. Who am I and what do I stand for? My friends, my relationships and my future are directly
correlated to the events that will occur. Whats important to me is that I do what 's right strictly based on my values.
The Spirit Club's value surpasses any individual and the implications of Matt's actions could be detrimental to the club. First and foremost, our
reputation as a reputable club is at stake. The Spirit Club could potentially be in a position where our whole structure has to change to a more
bureaucratic form all the while being under heavy over–site of administration. I fear that the club chemistry would hurt if this occurred.
Who Matt is and his legacy could change in a heartbeat depending on what he did with the shirt profits. If he truly stole the money, then it shows he
never valued spirit club as much as he valued his own personal gain and failed to see how they are intertwined. Personally, I will no longer see him as a
friend merely an example of poor leadership as many others will.
I can only wonder if Laura was in on this with Matt and that 's why she was so forward in bringing it up to Matt. Her friendship with Matt may have
resulted in a blind spot for unethical behavior. If this is true my friendship and many others with her is likely over and so is

Equipment Responsibility in the Us. Army
Equipment Responsibility The United States army values soldiers that are responsibility for their actions and equipment. Being responsibility means
being Dependable–arriving to work and appointments on time, keeping track of and control of equipment, meeting deadlines, being in the right place
At the right time, doing the right thing at the right time. Without having accountability there is not knowing of where or in what shape your equipment
is in and there for having a negative effect on a unitГѓВўГўвЂљВ¬ГўвЂћВўs combat readiness. As a result of me leaving my TA–50 unsecured in the
GCA lab I am now writing this essay for SFC Adams. Not only does this essay serve as corrective training, it also serves to reminds me of the
importance... Show more content on Helpwriting.net ...
It would have taking around two months of no spending to get the funds I would need to buy just the equipment that I lost. Not to mention the shipping
and handling as none of these items can purchase a post PX. Such an event as losing my TA–50 would also result in me having to barrow my battle
buddies gear so I can perform training that is required for my job as a soldier. I would also receive Negative counseling statements and very possible
an Article 15. If I received a company grade article 15 I could lose more money, I could be reduced to the pay grade of E–1, PVT. I could also be
restricted to the Camp HumphreyГѓВўГўвЂљВ¬ГўвЂћВўs Garrison for up to two weeks and have to perform extra duties for fourteen days. And
have to stand before the Bn Commander LTC. Joel Kain II. Who stated at the Pacific Guardian day that he had little torolarnce for service members
who sham out on their obligations and responsibility. For all of the reasons I have listed above, financially hardship, a disregard of the seven United
states army values, a disregard for my unit, a disregard for my fellow service members, my sworn obligation I took at my re–enlistment into the united
states army and my reputation as a soldier in the United States army. My actions on Thursday night the 19th of June 2008 were

Statement Of Purpose To Becoming A Barrister
My chosen career
My fascination with the law and how it operates made me study law at university. Therefore, when thinking about my career, I hope to become a
solicitor for a few years to gain an insight into the practical field of law and then later become a barrister. A family member who I deem a role model
has done this and so I was inspired to do the same. In order to become a solicitor, I will need to complete my LLB degree which I am currently
studying, consisting of three years. After this I will need to complete the Legal Practice Course (LPC) which is a one–year course, providing me with
the skills needed in employment. Later, I will try to obtain a training contract and foreshadow a qualified solicitor before gaining partnership. I am
currently interested in Family law and have chosen child protection as an extra module this year which I am really looking forward to, so perhaps
would like to specialise in this field, but explore my options first by researching and attending other modules on my course. Moreover, after practicing
as a solicitor for a few years I would then like to go on and become a barrister. In order for me to do this I would join the Inns court, then complete my
Bar Professional Training Course (BPTC) which is a one year course and then my pupillage, where I will foreshadow an experienced barrister. Once
this is complete, I will become self employed and practice as a barrister, but my first aim is to become a solicitor.
Skills required for my

An Definition Of Moral Theory
Another moral theory, also born of Deontological Perspectives, comes from WD Ross. In contrast to Kant, who stated that moral positions can be
deduced by reason and are absolutely binding, Ross believes that we determine moral positions through intuition of the rightness or wrongness on the
action. This intuition allows us to determine what our duties are while these duties are not dependent on the outcomes or circumstances, but how we
rank these duties is dependent on a situation. In turn, this creates what Ross refers to as Prima Facie duties. Prima Facie duties are duties that are
obligatory duties that can be trumped by other duties depending on our situation. Ross gives an example of seven of these prima facie duties in his
writings: beneficence, non–maleficence, justice, self–improvement, fidelity, reparation, and gratitude. These duties arise because we intuit them to be
true and binding duties. In Ross's view, all of these duties are binding, but he does not exclude, as Kant does that these duties may overlap and run
contrary to one another in any given situation. We can only act in accordance with what our perception is of the situation and try to do our best, but
we may often fail as a result. While this theory is superior to Kant in that it does allow for more universal applicability and wiggle room to fit various
cultures, the main issue with Ross's theory is that it relies on the intuition of flawed humans to determine self–evident duties and does not

The Utalitarian Approach to Moral Obligation
Wand(1979) expounds on Hume ethical theory in relation to moral obligation is a theory of good and evil rather than one of duty and obligation– ,
according to Wand (1956:55):"this statement is quite erroneous' for Hume does not merely wish to discover the foundation of our moral actions".
Hume account of how motives prompt men to moral actions is quite complex, but Wand (1979) also asserts that Hume distinguishes between two basic
type of action to make it more understandable. The first type are those action which men will perform without the aid or influence of reason or
custom; the second are those action which it can be expected men will normally perform with the aid or influence of reason or custom.
Hume distinguishes these two types of action–in terms of the specifically moral nature of their motive, whether or not the action is done from a sense of
duty; thus for Hume, there are four classes of action: The first, are those actions prompted by the natural or –moral motives; The second are those
actions prompted by artificial, non–moral motive; third; those actions promoted by artificial moral motives. In consideration of his account of moral
motivation; Hume's ultimate intention is to show that it cannot be a natural duty to carry out certain types of obligation such as being just or keeping
promises. Hume thinks that the actions envisaged cannot constitute duty; it would never be a duty unless human nature possesses some rational
inclination prompting individuals to

Essay about A Critical Analysis of The Legal Professions
A Critical Analysis of The Legal Professions 1.0 Introduction The English legal profession, which applies in England and Wales, is separated into
two different types of lawyer: the solicitor and the barrister. There are similarities and areas of overlap in both jobs. A solicitor deals with a whole
spectrum of legal issues whereas a barrister usually specialises in one area and advises solicitors when asked. Solicitors are usually employed in a
partnership as part of a solicitor's firm and their governing body is The Law Society. Barrister's are usually self–employed and specialise in advocacy.
After fifteen to twenty years a barrister can progress to the Queens Counsel (QC's) by application.... Show more content on Helpwriting.net ...
Would be barristers have to take the Bar Vocational Course (BVC) for one year and fees are approximately Г‚В
Ј7000–Г‚ВЈ11,000 depending on the
location it is taken (Careers – Financial Planning, http://www.legaleducation.org.uk/Careers/financial.php, legaleducation.org.uk [Accessed 28/05
/04]). A problem with this is that many may not be able to pay with cash and may have to take up a loan, which would incur extra costs like interest.
After the legal practice course a solicitor becomes a trainee for two years with a solicitors firm and can earn a salary of around Г‚ВЈ20,000. Some
firm's though pay part or full LPC fees. Once the BVC is taken the individual then joins an Inn of Court where they take 1 year's pupillage and will
shadow a barrister's work. After the first 6 months of pupillage the trainee can appear in court and conduct their own cases. During this time pupil earns
a minimum of only Г‚ВЈ10000. The problem with this is that with such a low wage how will pupils be able to pay for living costs, as well as debt
repayments, with the limited amount of grants available? Pupils can apply for loans but would increase debt repayments. After pupillage barristers
will join the junior council where the salary can reach and be in excess of Г‚ВЈ90.000 per annum (Tillson, 2004). 3.0 Reforms in the Professions. 3.1
Liability of Negligent Work There have been

The Gift By Ian Parker
We Should Set Limits on Moral Obligation
In The Gift, Ian Parker discusses a personal story of a man named Zell Kravinsky that had given almost his entire fortune and kidney under moral
obligation. The "big question" that will be evaluated in this paper is there important limits to how much do–gooding morality can ask of us? If so, how
much can it ask of us to sacrifice for others? This question had placed great influence on Zell Kravinsky story and it is important we evaluate his
arguments for moral obligation can ask of us. In this essay I intend to recognize the infraction that moral obligation puts on decisions such as
'nondirected' organ donation. The boundary Zell Kravinsky set an moral obligation should be avoided because his actions were not entirely moral, and
placed harm on his well–being. Zell does limit to the amount of good deeds that need to be done to live morally. He suggests that he is driven by what
he calls 'mathematical calculus of utilitarianism" which gave him the drive to be the 'greatest good." What he calls his romantic–self, which gives him
the urge to make charitable acts excessive. On many accounts Zell is described as depressed. He is not suicidal, but depressed because he has not
done enough. When Zell speaks to his friend, he explains that you do not need to feel good in order to be good
"But it's the other way around: if you do good, you become better. With each thing I've given away, I've been more certain of the need to give more
away.

The Different Ways in Which Unsatisfactory Work and...
The Different Ways in Which Unsatisfactory Work and Behaviour by a Barrister and a Solicitor Can be Dealt With
If after having dealt with either a solicitor or a barrister you still felt dissatisfied with the way in which your case has been handled, you can complain
about the unsatisfactory work in a number of ways, depending on the case and who you are unhappy with.
If you are, for example unsatisfied with the way in which a solicitor has handled your case then you could complain about the services rendered to the
Office for the Supervision of Solicitors (OSS). The OSS has the power to award up to ВЈ5,000 compensation, reduce or abolish the solicitor's fees and
force then to rectify their mistakes ... Show more content on Helpwriting.net ...
Now, as a result of the Access to Justice Act 1999 the Legal Services Ombudsman can order a solicitor or the Law Society to pay compensation to
the client, they can also be sued for negligence as well as being suspended from practice or struck off by the Solicitors' Disciplinary Tribunal.
Under the Access to Justice Act 1999 the Law Society now have greater powers to inspect solicitors' files and accounts if a claim is made against them.
Until recently, barristers could not be sued for negligent work in court as a result of the decision in Rondel v Worsley (1969) but could be sued for
work outside court: Saif Ali v Sydney Mitchell & Co (1978)
Barristers can now be sued for negligence since the decision of the House of Lords in Arthur Hall & Co v Simons (July 2000)
If after you have had dealings with a barrister and felt dissatisfied with their service you could complain to the Complaints Commissioner, appointed in
1997, to replace internal investigations by the Bar Council. A Complaints Commissioner can refer complaints to a Complaints Committee who can then
require barristers to reduce, refund or

News Analysis : A Mockery Of Justice For The Poor Essay
Rachel Mulder
Professor Henry
CCJS 201
1 December 2016
News Analysis Report #2 In the New York Times article, "A Mockery of Justice for the Poor," the author discusses how the poor are cheated in the
criminal justice system. By law, it is mandatory that the government provides an attorney to any defendant facing possible prison time, even if he or
she cannot afford one. However, there are underlying fees that must be paid despite these people being poor. John Pfaff mentions how 43 states are
now requiring indigent defendants to pay at least a portion of their lawyers' fees, even though they had to be appointed one in the first place. Those
who do qualify as indignant may be able to be acquitted, however, they could be convicted for failing to pay for the legal services the Constitution
requires the states to provide for the defendants. Not to mention, spending money on attorneys for the poor amounts to only $2.3 billion – barely even
1% of the $200 billion the government spends annually on the criminal justice system (Pfaff 2016). Not surprisingly, public defenders who are
appointed to these cases are often stripped of resources while tackling multiple other assignments at the same time.
Mr. Pfaff takes his aim at the federal government, proclaiming that they should help fund indigent defense services by making an annual grant of $4
billion to state and local governments. In total, this would only be 0.3% of the federal government's approximate $1.2 trillion budget (Pfaff

Differences Between ABS And Conventional Law Companies
Summary: In this essay we will explore the advent of innovating business structures, its principles and concepts, the social and economic contexts and
the relevant policy issues and non legal resolutions, which diminish the models of legal services provisions, and the relation to the Legal Services
Act 2007 Introduction First, we need to understand the meaning of business structures, which essentially are how the business are organised, rules
and policies to compose the formation of the business, the roles and responsibilities to effectively control and coordinate the daily issues. The
importance of the Legal Services in the UK economy, is growing every day, as economic fortunes are being made in the world, the speed of trader
operations, and how the capital flows, are leading to a new innovative structure... Show more content on Helpwriting.net ...
Great opportunities are merged from the new system in relation to partnerships, but must be noted that moving away from the traditional Legal
Services does not mean success or either cannot guarantee success, as the legal profession in England and Wales has been very successfully since

According To The Text, It Says That в
ЂњLiability For Contracts
According to the text, it says that "liability for contracts formed by an agent depends on how the principal is classified and on whether the actions
of the agent were authorized or unauthorized. Principals are classified as disclosed, or undisclosed" (Roger, LeRoy, & Miller). "A partially
disclosed principal is a principal whose identity is not known by the third party know that the agent is or may be acting for a principal at the time
the contract is made" (Roger, LeRoy, & Miller). "An undisclosed principal is a principal whose identity is totally unknown by the third party, and the
third party has no knowledge that the agent is acting in an agency capacity at the time the contract is made" (Roger, LeRoy, & Miller). In my paper, I
will... Show more content on Helpwriting.net ...
"An agent's behalf of and be subject to the control of the principal, act within the scope of authority or power delegated by the principal, discharge the
duties with appropriate diligence, and avoid conflict between personal interests" (U.S. Legal). Some other obligations of an agent include not to acquire
any material benefit from a third party in connection with a transaction conducted or through the utilization of the person's positions as an agent.
Additionally the act with care, competence, and activity objectively exercised by agents in similar circumstances, and to comply with all lawful
authorizations received from the principal and people designated by the principal concerning agent's actions on behalf of the principal, etc. The agent
owes the principal five obligations and they are performance, notification, adhesion, compliance, and accounting and from the text, it explicated each
one. "Performance is an implied condition in every agency contract is the agent's agreement to use agreement to use reasonable diligence and skill in
performing the work" (Roger, LeRoy, & Miller). "Notification is an agent required to notify the principal of all matters that come to her or his attention
concerning the subject matter of the agency, and adhesion is one of the most fundamental obligations in a fiduciary

The Importance Of The Duty Of Confidentiality
Introduction
The nature of the banker–customer relationship is one of agency. Amongst the duties that stem from this relationship, the bank's duty of confidentiality
is clearly an issue of great importance. The focus of this essay is on the scope and limitations of the bank's duty, both to its customers as to the public.
In order to analyse this it is necessary to firstly consider the idea of duty of confidentiality, Secondly, it is necessary to study the Court of Appeal's
judgement in the case of Tournier. Thirdly, this essay will take the Jack Committee report into consideration. Lastly, this paper will briefly mention the
Banking Code, it will also discuss whether the principle in Tournier may be outdated and if so, whether it is in need of a new crystallised self, clearly
stating the limits and boundaries of the bank's duties both to the customer and to the public itself in the form of a statute. To conclude this essay will
consider the future of the duty of confidentiality.
Confidentiality
Banks owe their customers a number of duties so long as the banker–customer relationship is formed . The banker–customer relationship will normally
be governed by the law of contract. However, ... Show more content on Helpwriting.net ...
This was acknowledged Parry Jones v Law Society where the court held that the duty of confidentiality also exists in a banker–customer relationship
and is not only restricted to a solicitor customer relationship. The duty of confidentiality is both an implied and express obligation. The definition of
implied the duty was elaborated in Tournier : "The duty is a legal one arising out of contract ... it is not absolute but qualified. It is not possible to
frame any exhaustive definition of the duty. The most that can be done is to classify the qualifications and to indicate its limits" . The duty of
confidentiality is expressly referred to in the Banking Act 1987 , the Data Protection Act

The Professional Conduct Laws And How They May Affect Me
Introduction This report intends to explain the critical aspects of the professional conduct laws and how they may affect me. Some of the things
included that I will be touching on are the Legal Services Act 2007, the purpose of it and describing all of the different sections within the Legal
Services Act, information surrounding delegated legislation under the Legal Services Act, cases that have occurred under the Act and the impacts
that the Act may have on me specifically in and out of the profession. I will look in depth at delegated legislation regarding who is able to create
delegated legislation and also finding a piece of legislation and giving details on what it is about. I will look at a number of cases, explaining what
occurred in them, the judges involved and the final outcomes. Finally, I will create a conclusion which refers back to the objectives and gives a
closing summary of this report. The purpose of the Legal Services Act 2007 The Legal Services Act implements policies and rules for the legal
services in England and Wales to follow. The Act allows non
–lawyers and lawyers to work together in businesses. On the 30th of October 2007, the
Legal Services Act received Royal Assent. There are nine parts to the Act, these are: 1.The regulatory objectives– this section includes the principles
and rules of the Legal Services Act and the guidelines that it is required to follow. 2.The legal services board– this section explains the regulatory
objectives

Unit 23 Law Pass 4 Pass 5 Merit 1 And D
James Jones
13191654
Unit 23– pass 4, pass 5, merit 1, distinction 1
Martyn McCarthy
Pass 4– Describe the role of lay people in criminal cases and Distinction 1– Evaluate the effectiveness of lay people in the English courts
Lay magistrates
All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on
communities; for example, anti–social behaviour and alcohol–related incidents. Magistrates' courts are also the first stage in dealing with more serious
crimes such as rape and murder, which are then referred on to the Crown Court.
As they gain experience, some magistrates go on to deal with cases involving defendants aged between 10 and 18 in the youth court. ... Show more
content on Helpwriting.net ...
Disadvantages of the jury
Failure to understand the issues involved.
Prejudice as juniors may be biased, e.g. against police or ethnic minority defendants.
The compulsory nature of jury service is unpopular.
There is no way of knowing if the jury understands the case, as there is no reason given as to why they gave a certain verdict.
In some cases the jury has had to be provided with police protection.
It take a long time explain the points to the jury and the leads to a rise in costs.
I do not believe that the way the jury is selected and the way it operates is the correct way to do it. I believe this due to the fact that not much is
known about the people who are selected and that they have no experience in Law. This means that they might not understand the case and they could
even be a bit biased.
Pass 5– Outline the role of judges and lawyers in civil and criminal cases and Merit 1– compare and contrast the role and function of judges, lawyers
and lay people within the English courts.
Magistrates
Lay magistrates are people that deal with the vast majority of legal cases in the courts. They sit on a bench of two to three magistrates. They are
part–time and unpaid, and also unqualified. They have to be aged between 18– 65 and sit 26 and a half days per year. You are unable to become a lay
magistrate if you have a serious criminal conviction, undischarged bankruptcy and a member of the police or a

PCJ Solicitors
1.1 Describe the sector in which your organisation operates/1.2 Describe your organisation's mission and purpose
PCJ Solicitors is a specialist Road Traffic Accident practice which advises clients of the credit–hire industry. PCJ is an independent firm of solicitors
and offers truly independent advice to clients referred to it by Credit Hire organisations.
How we work
We have developed a collaborative style of working so that our clients benefit from the commitment of an individual caseworker dedicated to their
case, and are able to access specialist services within our firm. We are committed to protecting the rights of our individual clients, and providing them
with advice which is free from external interest and commercial pressure.
PCJ is a specialist firm. To offer the best possible service to our clients we maintain a clear focus on our specialist... Show more content on
Helpwriting.net ...
There are no selling points or commission like you can get in other organisations. We pay what is owed and collect what is owed. The only other
organisations we work along side that I am aware of are debt collection agencies. If we are struggling to collect outstanding debts we will employ
private sector companies to take the debts on and collect the revenue.
1.4 Explain your main responsibilities, how these fit into the organisation's structure, and how these contribute to achieving your organisation's mission
My main responsibilities is to collect post, deliver internal mail, open post to be distributed, sort out junk mail to be shredded, photocopying legal
documents for the solicitors, cleaning the work area, collecting post from reception or our other site. Ensuring mail is dealt with in a timely manner. By
making sure these main responsibilities are accomplished, I am helping the smooth running of the organisation of the procedures in

Solicitor A: The Duty Of A Barrister A
The main duty of a solicitor is to uphold the rule of law. Therefore, if a solicitor himself is subject to a serious criminal offence then the personal
integrity of the solicitor is questionable, as is the solicitor's competence to uphold the rule of law. Furthermore, solicitors are required to be individuals
who possess professional moral character in order to meet the standards expected of a reputable competent solicitor. Therefore, the focus of the rules
and codes of conducts regulating the profession consist of underlying principles of morality, justice and professionalism. However, viewing child
pornography or being in possession of such images is a serious criminal offence because it is viewed as ethically wrong and immoral. Consequently,
Solicitor A has demonstrated that he is not of good moral character and... Show more content on Helpwriting.net ...
Accordingly, solicitor A has not observed the required ethical values and attitude expected of a competent solicitor who is expected to not only
abide by the rule of law but to promote the rule of law for the benefit of the society. Consequently, it can also be said that solicitor A has
demonstrated that he is not fit to be a solicitor as he is not fit for the purposes of upholding the rule of law. Allowing him to continue to practice, in
my opinion would not only cause disrepute to the legal profession as a whole but the public would also lose their trust in the legal profession as a
whole. In my opinion the principals involved in this scenario are of ethical and morals. Solicitor A has acted unlawfully and it is reasonable to expect
no reputable, competent and professional solicitor to behave in such a manner. Therefore, in my opinion, it is highly likely that solicitor A's conduct
will be seen to amount to professional misconduct, due to the nature of the

Letter To Asbo Case Study
To Your Honour HHJ Pawlak
I am writing this letter to explain to you how I feel and to also to give my side of the recent events of my case.
My Appeal has been put back twice already and this is obviously very distressing for me, the on goings of the Asbo case has been pursued since
2014. I would also like to apologise in advance for the length of this letter, but I feel this is the only way to put across my true account of what has
since transpired between myself and my solicitors, so for any person of interest to be able to take an insight of the matters of concern in advance of
the up and coming dated hearing, that is booked for court on the 21/09/2016.
The last mention hearing was dated 16/09/2016 for this case, in regards to discloser. ... Show more content on Helpwriting.net ...
I also wanted to ask him questions about my human rights in regards towards the two article sixes referring to the rights to a fair and speedy trial
that had been handed to the court on two different earlier hearings to which Mr Andy Locke had not seen before as he was not present at the past
couple of court hearings. He explained that the schedule was what the judge had asked for on the 04/04/2016 my mother replied this was not all the
judge had asked for. Without replying Mr Locke walked towards the courtroom we followed and it was at this point I said to him I feel that I should
represent myself because I felt I was not being heard.
On entering the court Andy Locke addressed the Judge and said I did not want him to act for me. The Judge informed Andy Locke to remain in the
court room, the judge asked what the case was listed for and the CPS addressed the Court and answered, they said to the judge that I had been sending
letters to the court and CPS myself, this is not the case and I did not understand there comment.
I was then addressed by the judge and to his questions I replied yes I did want Andy Locke to be my barrister; I just wanted time to speak to him so for
both of us to each be clear of the reasons that I had asked for the case to be relisted due to non

A Report On The Bill Of Costs
Good Morning John,
I note from your initial instructions for the above matter that there is a further sum of money that you wish for me to include in the Bill of Costs. At
this stage I am unsure as to what these costs have resulted from but there are strict rules as to what and how we recover costs and I wanted to briefly
explain the same. If the costs have not been incurred or cannot be claimed under your retainer then recovering them will not be possible without
breaching statutory or regulatory obligations. It is essential that the retainer is valid for all of the costs you wish to recover as without this validity–
you as the solicitor will not be able to recover costs (JH Milner &Son v Percy Bilton Ltd [1966] 1 WLR).
Your right to... Show more content on Helpwriting.net ...
If you have not informed your client and if there is no contractual right to increase rates in the retainer then unfortunately we will be bound by what is
contractually stated. The costs of the litigation have been incurred on behalf of the Claimant, the Bill must therefore represent what the Claimant has
'agreed' to pay to you for your services. We cannot recover any costs that the Claimant is not liable to pay.
Furthermore, as per the Law of Contract we cannot include costs until you have actually carried out the work so if the costs you mention are in relation
to work you are going to do then unfortunately we cannot seek any remuneration as the matter has now settled.
____________________________________________
If your instructions refer to including costs relating to work that is not on file then we must ensure that compliance with the Codes is maintained. If
you have done the work then we can include it as it should be able to be evidenced through the work done and we can justify this to the paying party;
but without evidence the costs will be difficult to recover if they come into dispute. The Bill needs to be sufficiently particularised, otherwise costs
could be void for inadequate information (Re Kingsley 1978).
If you are expecting me to include costs for work that has not

Famine On Famine
John Linares Engineering Ethics9/19/2017
Singer on famine affluence and morality.
The decisions and actions of human beings can prevent any kind of suffering. Unfortunately, human beings have not made the necessary decisions. At
the individual level people, have not responded to disasters in any significant way. And at the government level, there has been no sort of massive aid
that would help refugees survive for more than a couple of days.
Assistance on great scales will not be forthcoming, forcing to let the refugees starve or help the refugees and more people will starve in the future.
There is nothing unique about this situation it is just but a series of major emergencies in various parts of the world, arising both from natural and from
man–made causes. And Neither individuals nor governments can claim to be unaware of what is happening.
People can hold all sorts of eccentric positions, but if it is in our power to prevent something bad from happening, without thereby sacrificing anything
of comparable moral importance, we ought, morally, to do it. It requires us only to prevent what is bad, and not to promote what is good, and it
requires this of us only when we can do it without sacrificing anything that is, from the moral point of view, comparably important. The principle takes
no account of proximity or distance. As well it makes no distinctions between cases where I am the only person who could possibly do anything about it.
From the moral point of view,

Essay on Duty versus Charity: Why a Distinction is Essential
In the late 1960's and into the 1970's, the South Asian region of East Bengal (then East Pakistan, now the country of Bangladesh) was undergoing a
severe famine, due to rampant poverty, a civil war and frequent cyclones. The lack of overseas help to this impoverished region was probably what
triggered Peter Singer to write the article Famine, Affluence and Morality, wherein he claims that world hunger and famine can be prevented and
possibly eradicated if everyone in the wealthy nations did their bit to help the sufferers monetarily. Singer further claims that duty and charity should
not be as distinct as they are now, and hints at uniting the two. Upon careful analysis of Singer's paper, one can find multiple loopholes in this proposal,
... Show more content on Helpwriting.net ...
A duty is any action which is not only correct in when it is performed, but wrong when flouted. Charity, on the other hand, is an act of giving that is
upright to do, but not wrong when not done. Here lies the major difference between the two – a duty is something that must be done in order for the
existence of society, whereas charity is voluntary and uncompelled. It is this distinction that Singer wishes to erase, or at least blur. He wants to make
monetary help to the distant needy a dutiable action rather than charity on a moral level. In fact, Singer proposes that everyone who possesses a
reasonable amount of resources must donate a significant portion of their wealth and assets, reducing their self to "the level of marginal utility"
(Singer 32). If not that, he suggests one ought to donate enough to make the "consumer society... slow down and perhaps disappear entirely" (Singer
32). However, there must be a limit to doing so, since slowing the economy down by a lot might result in the loss of resources that could be given
away. Singer understands that there might be objections to his ideas. One of the first counterarguments he tackles is the idea that such a huge change
when brought about might cause a societal breakdown. He argues that if there is a change in the moral expectations of society, this idea might not seem
too drastic to cause any sort of a breakdown. Also, he counters the objection that his argument would imply

The Role Of Judges Lawyers And Lay People Within The...
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
Solicitors and barristers are both known as lawyers this term "lawyer" is used to describe anyone who is a qualified legal practitioner. One of the main
differences is the job role a solicitor is a legal expert who provides expert legal advice and they come into more contact with their clients who could be
people, groups or businesses. Whereas a Barrister represents the individual people and the organisation within the courts, they can also be
distinguished from a solicitor because they wear a wig and a gown in the court. One thing they both have in common is that they both can give
legal advice to their clients. On a day to day basis a solicitor will deal with the majority of the paperwork for example, writing documents, contracts
and letter this is all related to their clients .and take specific instructions from their clients, depending on where they are specialist in they will be
able to give useful advice on the legal action. Whilst a barrister would mainly focus on advocacy which is to represent their clients in court, they are
normally hired by a solicitors and take instructions from there. There main role is to represent their client cases in a persuasive representation in order
to get the best outcome for their client. The Legal services act 1990

The Role Of Barristers And Barristers
Q3) SOLICITORS
The Oxford dictionary 2015 defines a solicitor as " A legal practitioner admitted to practice under the provisions of the Solicitors Act 1974" The legal
profession in England and Wales can be divided into two main sections, barristers and solicitors. Each professional has its own governing body and
duties. There are currently 136.940 practicing solicitors in England and Wales (Solicitors Regulating Body SRA 2015). Their functions and duties are
widely varied these include: conveying, drawing up wills, divorce settlements, civil litigation, winding up the estates of a deceased persons. Solicitors
can carried out these duties from their offices. Solicitors have automatic rights of audience court appearances are infrequent, ... Show more content on
Helpwriting.net ...
Paralegals have been previously known as "solicitors managing clerks" they had their own organisation called "The solicitors managing clerks
association" in the early 1960s they became dissatisfied with the title because of the importance of the work they were doing. Another title was
chosen for them "Legal executives" and a new association, which was called "The institute of Legal Executives" they have now evolved to give
people with a non law degree the chance to gain practice rights.
Paralegals are relied oh heavily in law firms and many have their own clients and carry out much of what a solicitor can do with very little specific
supervision. The National Association has instituted a framework for the regulation and licensing of paralegals. The main advantage of being a
qualified paralegal is that you can be

John Michael Malins V Solicitors Regulation Authority Case...
Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062
Summary:
The facts of Malins v SRA 2017 are as follows: in 2013, the appellant provided his legal service to his client, had filed for After the Event Insurance
policy to help cover against adverse costs. In 2012, the law changed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and
came into force on 1st April 2013 which stated under section 46 that claims after this date would no longer be entitled to recover the costs. However,
you would only be able to recover such costs if a notice in form N251 had been given to the opposite party and filed at court. Although the appellant
thought that he had given the required notice on the 19th of Match 2013, the other side affirmed during mediation, in January 2014, that they had not
received any notice. Also, he was informed by his assistant that he failed to file with the court too. This lead the appellant to create a letter and a form
N251 with a later date which he sent it to the other party and then subsequently relied on it during the settlement.
In June of 2014, the appellant disclosed to the firm what he had done and then the firm reported it to the SRA in October 2014. After this occurred the
appellant proceeded to make a self–report to the SRA as well. The SRA argued lack of integrity according to the creation of the letter and form. They
also alleged that by relining on them the appellant had acted dishonestly. TheSolicitors Disciplinary Tribunal found the appellant guilty of dishonesty
but he had also been charged with acting without integrity, and was struck of the roll. The appellant appealed against both conviction and sentence.
Legal issue:
The decision of the tribunal was that the appellant was found guilty of having acted with dishonesty when he relied on the documents, but not when he
created them, here he was charged with lack of integrity. The court had to therefore consider what the definition of the words 'dishonesty' and 'integrity'
was.
Critical analysis:
The lead Mostyn J to search for the definition of each word and found dishonesty to be "the reverse of honesty; lack of probity or integrity;" and

The Work and Training of Barristers and Solicitors Essay...
The Work and Training of Barristers and Solicitors In the Western world, where the majority of employment occurs in the service sector, rather than
the primary sector as it does in the developing world, there are certain jobs that carry a very high status. Careers such as doctor, accountant and
lawyer are to name but a few of these high status jobs and it is lawyers that I am going to be focussing on in this essay. In England, since the 15th
century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and
barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the... Show more content on Helpwriting.net ...
Under the Solicitors Act 1974 it makes training regulations relating to examinations and articles. It maintains the role of solicitors, has a teaching
college and provides club facilities for its members. It is also responsible for the administration of the Legal Aid scheme in Civil proceedings. From
1980, to become a solicitor you needed to have, either a law degree, or a non–law degree; with the Common Professional Examination (CPE) and
partII exams or the legal practice course, a 2– year training contract and satisfy the Law Society as to his/her good character and suitability to practice
as a solicitor. This basically means that after finishing university a would be solicitor has to endure another four years of work at a possible cost to
them of ВЈ11,000 it is due to this extended period in education that a lawyer is held in such high esteem. Until the change made under the Courts &
Legal Services Act 1990, barristers with a few exceptions, the only people allowed to advocate in the superior superior courts which were, The House
of Lords, The Court Of appeal, The High Court, The Crown Courts and the Employment Appeal Tribunal. However, this has now changed, and there is
increasing competition between barristers and solicitors for this work. Barristers do some paperwork, drafting legal documents and given written
opinions on legal problems. Barristers are

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